Sec. 105. Sense of Congress on First amendment rights
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/bill/118/hr/5/eh/section-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ) is amended— by redesignating section 8549C as section 8549D; and by inserting after section 8549B the following new section: Congress finds the following: The right of parents to educate their children is a pre-political natural right that the U.S. Supreme Court has recognized as beyond debate and rooted in the history and culture of Western civilization . Parents have a First Amendment right to express their opinions on decisions made by State and local education leaders.
States and local educational agencies should empower parents to communicate regularly with Federal, State, and local policymakers and educators regarding the education and well-being of their children. Transparent and cooperative relationships between parents and schools have significant and long-lasting positive effects on the development of children. Parents’ concerns over content and pedagogy deserve to be heard and fully considered by school professionals. Parent and other community input about schools that is presented in a lawful and appropriate manner should always be encouraged.
Educators, policymakers, elected officials, Executive Branch officials and employees, and other stakeholders should never seek to use law enforcement to criminalize the lawfully expressed concerns of parents about their children’s education, but should never hesitate to contact public safety officials if there is a credible threat to the safety and security of students, parents, educators, policymakers, elected officials, executive branch officials or employees, or other stakeholders, school faculty, or staff.
It is the sense of Congress that— the First Amendment guarantees parents and other stakeholders the right to assemble and express their opinions on decisions affecting their children and communities, and that educators and policymakers should welcome and encourage that engagement and consider that feedback when making decisions; and parents have a fundamental right, protected by the U.S. Constitution, to direct the education of their children, and the strict scrutiny test used by courts to evaluate cases concerning fundamental rights is the correct standard of review for government actions that interfere with the right of parents to educate their children. .
The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended— by striking the item relating to section 8549C; and by inserting after the item relating to section 8549B the following: Sec. 8549C. Sense of Congress on First Amendment Rights. Sec. 8549D. Technical assistance.
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Sec. 105
Sense of Congress on First amendment rights
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